Latif v. Yuanwu Realty Corp., et al.

Yuanwu Realty Corp.
Supreme Court, Bronx County

Kristin L. Weinberger successfully obtained summary judgment and dismissal of the plaintiff's complaint against our client, Yuanwu Realty Corp. This lawsuit emanated from an accident where plaintiff alleges she was caused to trip and fall in a hole in the floor located in the interior of the premises owned by our client. Prior to the date of the accident, our client leased the subject premises to the co-defendant, Manny's Linen Inc., the entity which operated a linen retail store at the premises.

The Court accepted the arguments advanced in our summary judgment motion finding that Yuanwu is an out of possession landlord that did not retain the right to enter or inspect the premises; that the monthly visits by the managing agent to collect rent were not inspections for the purposes of making repairs; and it was not established that the alleged dangerous condition existed at the time the lease was negotiated. Additionally, the Court found that plaintiff's submission of an affidavit by a witness stating that she observed the alleged dangerous condition prior to the accident was unavailing since the witness was not disclosed prior to the filing of the note of issue. (July, 2011)